Should I accept a check from the other drivers insurance company after an accident or hold out for a better settlement offer?

After a car accident, it is very common for the insurance company who is representing the driver who is at fault to make you an offer. This offer will involve giving you a lump sum settlement and making you sign a release absolving them of any and all further liability. In other words, take the money and promise not to sue. If you find yourself in this situation, should i accept check becomes a very important question. 

Deciding whether or not to accept the settlement check depends on a few different factors. Before accepting, this means you should ask yourself the following questions:

• Is the check fair? This is the most important factor. If you went to court, you'd be able to get compensation for medical bills, pain and suffering, lost wages, and emotional distress. If the check doesn't factor that stuff in, then you may not want to accept just set
• Is my case strong? If you are confident you can prove your injuries in court, you'd have little to lose by suing- except perhaps time. Having confidence in you case can allow you to hold out for a better settlement
• Am I close to the policy limits? If the insurer is offering close to the limit of the coverage the other driver has, then they aren't going to offer any more. You could go to court and try to get more, but any payment of the judgment would have to come from the driver himself, who might not have the cash to pay it.

As a general matter, you should make your decision by considering those factors as well as your ability to withstand a trial. Of course, even if the settlement is fair and it seems as if you should accept, you can always try to negotiate to get a little bit more.

To have the best chance of negotiating a good settlement, and to make sure you are treated fairly, it is a good idea to get a lawyer before you even begin negotiations with the insurer.